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Martinez vs. Gironella

CRESENCIO MARTINEZ, petitioner, vs. LEOPODO B. GIRONELLA, as Judge of the Court of First Instance of Abra, Branch II, respondent.

G.R. No. L-37635 | 1975-07-22

D E C I S I O N

CONCEPCION, JR., J:

In Criminal Case No. 21 of the Court of First Instance of Abra, Branch II, Cresencio Martinez, as principal, and Viernes Duclan and Arnold Bayongan, as accessories after the fact, were charged with the murder of one Alfredo Batoon. As the first two were not apprehended, trial proceeded with respect to the third, Arnold Bayongan. Thereafter, decision was rendered, the pertinent and dispositive portions of which are as follows -

xxx xxx xxx

"It is worthy to state, however, that the offense of murder was clearly established and was committed by Cresencio Martinez, from the evidence on record, there is...